27-Amend Article V Chapter 21-Noise Ordinance

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make the enjoyment of life or property uncomfortable. "The mechanical cleaning or sweeping of paved areas so as to violate the sound levels as listed above, except for those exemptions outlined herein. "Relating to the use or operation of motor vehicles: the use of any automobile, motorcycle, streetcar, bus, or vehicle so out of repair or so loaded, that emits or makes loud and raucous noise; operating or causing to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tailpipe and resonator where the original vehicle design included a tailpipe and resonator; operating a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; the sounding of any horn or signal device on any motor vehicle, except as a danger signal, as required by law; operating or causing to be operated any motor vehicle so as to violate the sound levels for the receiving land use as listed above or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities. "The operation of any radio, tape player, cassette player, compact disc player, digital video disc player or any machine or device for reproducing sound from or near a motor vehicle, other than an authorized emergency vehicle, in such a manner that the sound can be heard at a radius distance of 50 feet or more from the vehicle, or, when operated, causes a person to be aware of the vibration accompanying the sound at a distance of 50 feet from the source. In the prosecution of an offense under this section, it shall be presumed that the following persons are causing, permitting or allowing the operation of the sound amplification system: 1. Any operator or owner of the vehicle present at the time of the offense; 2. An owner or tenant of the property present at the time of the offense; and 3. An absent owner or tenant who has not taken reasonable and prudent steps to prevent violations of this article on the property upon which the violation occurred. "No vehicle shall be equipped with, and no person shall use upon a vehicle, any bell, siren or compression or exhaust whistle, except that vehicles operated in the performance of duty by law enforcement officers, the fire department and ambulances may attach and use a bell, siren or compression or exhaust whistle. "(b) For the purposes of this subsection, any noise which exceeds the limitations set forth in Section 21 -103 (a) and (b) is presumed to be unreasonable. "Sec. 21 -105. Enforcement responsibility. "The city's police department shall have primary responsibility for the provisions of this article.